ILO Convention on decent work for domestic workers: from promise to reality?

Abstract

REPORT□ ILODOMESTICWORKERS'CONVENTION ILO Convention on decent work for domestic workers: from promise to reality? I undervalued The the mainly unrecognised, recognition this international adoption Convention previously group workers women brings and of to of the Convention brings international recognition to thisgroupof previously unrecognised, undervaluedand mainlywomen workers of WIEGO's Organization and Representation Programme BARBRO BUDIN, Gender & Equality Officer, IUF KARIN PAPE, WIEGO's European Advisor (International Coordinator of the IDWN June 2009 -July 2011) On ner Labour 16 from June Organisation the domestic balcony workers (ILO) ofthe unfurled Assembly International a banHall nerfrom thebalconyoftheInternational LabourOrganisation (ILO) Assembly Hall withthemessage,'C 189:Congratulations! Now comesthedomestic workforgovernmentsRAT IFY . IMPLEMENT!' The results ofthevoteon the DomesticWorkers Convention, C 189,had just been announced.An overwhelming majority of delegates, 396outof475(83 percent), hadvoted 'yes'.Thishistoric moment cameattheendoftwo longnegotiating sessions attheInternational Labour Conferences (ILC) of2010and 2011andan even longer periodofstruggle for domestic workers for recognition, rights andrespect as workers. TheConvention provides that alldomestic workers , including migrant workers, havethesamebasic labourrights as other workers, suchas theright to form andjoinunionsandengageincollective bargaining . Their working conditions shouldalso be equivalent, including coverage byminimum wage legislation, payment forovertime and stand-by hours,and timeoff. Italso provides forthespecialneedsofdomestic workers, for example, where theyresideon theiremployer'spremises,they shouldenjoydecentlivingconditions and have theirprivacyrespected.The adoption of the Convention, andaccompanying Recommendation, brings international recognition anddignity tothis groupofpreviously unrecognised, undervalued and mainly womenworkers - 83 percent accordingto a recentILO policybrief.It providesan opportunity and platform forimproving thelives ofmillions ofwomenworkers through full labour rights andimproved conditions ofwork. Butas the banner proclaims thisisonlythebeginning ofthe hardworkneeded to turnpromiseintoreality, requiring ratification, nationallegislation, implementation andenforcement bygovernments. Drawing on their experiences as activeparticipantsintheCampaign for anILOConvention, and insupporting thedevelopment oftheInternational DomesticWorker Network (IDWN), theauthors contendthat, although manyfactors and players combined toproducethisremarkable result, criticalwasthedirect participation ofdomestic workersintheprocesses leading up to,andduring, the negotiations. Forprobably thefirst time intheILO history, workers, whowerethesubjects ofthestandardsetting process, actively engaged atevery step. Importantly, they hada vehiclethrough whichto givevoiceto their demands- theIDWN,and to mobilise andlink with a widerange ofallies, especiallythetradeunionmovement , including the Workers BureauoftheILO (ACTRAV). Thesefactorswillbe equallyimportant intheimplementationphase .Without strong organisations ofdomesticworkers supported bythetrade union movement and otherallies,thesignificance and potential impact oftheConvention maynotbe fully realised. Usingthe ILOConventionto builda movement Thefirst international conference ofdomestic workers ' organisations, hostedbytheDutchLabour MovementFederation(FNV), took place in November 2006inAmsterdam. The biggest surpriseforparticipants was thatthereweremany domestic workers' organisations around theglobe butmostofthemdid notknowofeach other. Conference participants expressedthedesireto worktogether towards an ILO Convention. They alsoexpressed theviewthat this wasonly onestep towards creating a globalmovement ofdomestic workers. Thereafter, theInternational Unionof Food, Agricultural, Hotel,Restaurant, Catering, Tobacco and AlliedWorkers' Associations (IUF) tooktheinitiative toprovide anorganisational base forcreating a globalnetwork ofdomestic workers 'organisations. TheIUFandWomen inInformal Employment: Globalizing andOrganizing (WIEGO), a globalresearch-policy network, decidedtowork together on theissue. In 2008 theILO placed "Decent Work for Domestic Workers" ontheagenda ofthe2010and2011ILCs.With thesupport of WIEGO,theIUF raisedfunds to campaign fora meaningful international instrument(ILO Convention) for domestic workers andtostrengthendomestic workers' organisations. InSeptember 2008domestic worker representatives from differentregions cametogether inGenevatoplanthe wayforward fortheCampaign. Theydecidedto form a Steering Committee, supported bya technicalteam .Thefollowing yearsawtheprovisionallaunch oftheIDWN, consolidation oftheSteering Committee, and agreement on an interim governancestructure . The IDWNis an organisation in themaking withtheSteering Committee forming thenucleusofa developing federation ofdomesticworkers ' unionsand associations. To datethe IDWN has focuseditsenergieson campaigning rather thanorganisational development. Thislattertaskis nowunderway. Preparations fortheglobalCampaign beganin earnest inJune 2009whenregional domestic workersrepresentatives andinterim Steering Committee members participated intheILCtolearn aboutILO processes. Regional coordinators inAsia, Africa and LatinAmerica werethebackboneoftheglobal Campaign, supported by the International Coordinator. Tradeunionstructures and government representatives atthenational levelwerethe target groups for IDWNactivities, alongside mobilisation ofdomestic workers andalliance building. Domesticworkers' demandswerecollected and consolidated intoa Platform ofDemands, andcirculatedattheILC ,together withmaterials on statistics produced byWIEGOandresearchers for the IDWN.One objective wastoinclude as many repINTERNAT10NAL union rights Page 10Volume 18Issue 32011 REPORIG ILO DOMESTICWORKERS'CONVENTION resentatives ofdomestic workers' organisations into thenationaltradeuniondelegations.Domestic workers demanded a basicworkers' right, namely tospeakfor themselves. In2010,this strategy met withsomesuccess,anddomestic workers' representatives wereincluded insomedelegations. This gavethem membership oftheWorkers' Groupof theDomestic Workers' Committee inwhichthey hadtheright tospeak. During thefirst reading attheILC2010,employerstooka hardlineand calledseveraltimesfor record votes.Despiteopposition from some,the majority of governments voted in favourof a Convention andnotjusta Recommendation. Asa Convention isa much stronger instrument, this was a significant moment inthestruggle. However, positions can shift. So, itwas imperativeintheyearaheadtostrengthen thesupport ofthoseGovernments identified as 'allies'andto turn aroundthosethatwerehostile.The IDWN intensified theCampaign. Domestic workers raised their voicesinradioprogrammes...